This page is a part of the Upshur County TXGenWeb project and
all of the information here is FREE for you to use.. Brittain Willeford's Will Thanks go to Nina
Campbell for sending in this wonderful information from her
personal files. The pictures are actual scans of the will, and will
take longer to load. You will find the long pages broken down into 2-3
pictures to help load faster. Below you will also find a transcribed
copy of the will. Upshur County Probate Book Estate of Brittian Willeford, Deceased In the matter of the last will of said Brittian Willeford, deceased, upon having the petition of C.B. Willeford for probate of a certain instrument of writing now produced in Court purporting and alleged to be the last will of Brittian Willeford, deceased, and for letters testamentary thereon, and in reading the testimony of J.W. Willeford in a statement of which is filed with the papers of this cause- It is ordered and decreed by the Court that said instrument of writing is proved and be received as the last will of said Brittian Willeford deceased, and that the testimony aforesaid be also recorded with said Will. It is further ordered that letters testamentary thereon be issued to C.B. Willeford upon his taking the oath prescribed by law in twenty days, and that James Long, J.D. Mathis and A. Glenn be appointed appraisers to appraise the property both real and personal belonging to the Estate of Brittian Willeford, deceased. The State of Texas To the Hon Jno W Hea____, County Judge of Upshur County, presiding, given petitioner C.B. Willeford respectfully shows that on the 22nd day of January AD 1883 Britain Willeford, who was then a resident citizen of said County of Upshur in the State afore said, departed this life, naming at the time of his death an estate consisting of real and personal property of the probable value of three thousand dollars, and that in his life time, to wit, on the 4th day of June AD 1880, the said Britain Willeford did execute in writing and due form of law, his last will and testament and thusly disposed of all his Estate both real and personal and therein named and appointed your petitioner who resides in said County of Upshur State aforesaid sole executor of said Will and Testament without being required to give bond. Petitioner further shows that he is not disqualified by law from accepting letters testamentary. Wherefore your Petitioner files his application for letters testamentary as the law directs and prays that sure notice thereof may be given and that at the next regular term of this Hon Court this said Will may be admitted to probate and letters testamentary therefor granted to your petitioner and will ever pray. C.B. Williford The State of Texas, To the Sheriff or any Constable of Upshur County, Greetings. You are hereby commanded, to cause to be posted in those of the most public places in your County, one of which shall be at the Court House door, copies of the following notice; The State of Texas To all persons interested in the Estate of Brittian Willeford,Decd. Know ye that C.B. Willeford has filed in the County Court of Upshur County, an application for Probating the Will and for letters testamentary upon Estate of Brittian Willeford Decd. which will be heard on the third Monday in March 1883 at the court house thereof in the town of Gilmer, at which time all persons interested in said Estate may appear and contest said application, if they see proper. Herein fail not, under penalty of the law, and of this wish make due return. Issued the 24 day of Feb, 1883? N.M. Harrison Clerk C.C. Upshur County. Came to hand same day issued and executed in Feby 24th 1883 by posting a copy of the written notice at three public places ? one at the Court house door, one at Big Sandy and one at Calloway this Feby 24th 1883 A Earp Sheriff of The State of Texas I desire after my death a plain, decent, Christian burial, and will a sufficiency of money to defray the expenses thereof ? First: Britain Willeford Signed sealed and published in presence of the testator and each other
as subscribing witnesses And now at the term of the Court personally appeared J.W. Willeford one of the subscribing witnesses to the last will and testament of Britain Willeford Decd. bearing date June 4th 1880 and this said J.W. Willeford being duly sworn says that the said Britain Willeford departed this life on the 22nd day of January AD 1883, in the County of Upshur and State of Texas, and that he had resided in Upshur County about 24 years and that he was present at the time the said Britain Willeford Decd. executed the will and at the time of making and executing the said Will that the said Britain Willeford was of sound mind and memory and that he saw the said Britain Willeford subscribe his name to said Will after the same had been read to him, says that as far as witness information the said Britain Willeford Decd. never made any other will after that time and that he signed the said Will in the presence of the said Britain Willeford and at his request immediately after the said Britain Willeford signed the same ? J.W. Willeford Sworn to and subscribed before me this the 22nd day of March AD 1883
I C.B Willeford do solemnly swear that the writing which has been offered for Probate is the last Will of Brittian Willeford Decd. So far as I know or believe and that I will well and truly perform all the duties of Executor of said Will, So help me God. C.B. Willeford Copyright © 2013-Present by TXGenWeb |